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Monday, November 29, 2010
Driver Sues Family of Deceased Cyclist
Weaving was subsequently convicted of manslaughter, and is currently serving a 10-year prison sentence. Kenney’s parents are seeking permission to file suit against the Connecticut Department of Motor Vehicles. The Kenneys allege that under state law, Weaving’s multiple DUI convictions should have resulted in his license being permanently revoked in 1999. The Kenneys have already filed suit against Weaving, seeking $15,000 in damages. It was Weaving’s response to the Kenneys lawsuit that brought national attention to the case. Alleging that he has “endured ‘great mental and emotional pain and suffering,’ wrongful conviction and imprisonment, and the loss of his ‘capacity to carry on in life’s activities,’” Weaving has counter-sued the Kenneys for “contributory negligence,” claiming more than $15,000 in damages.
Matthew Kenney, he alleges, was not wearing a helmet, as required by Connecticut law, and according to Weaving, that makes Kenney’s parents negligent, and he alleges, responsible for Matthew Kenney’s death.
Naturally, Weaving’s inability to behave responsibly before Matthew’s death, and to accept personal responsibility after Matthew’s death, left people appalled. But in fact, counter-suits are a routine response to lawsuits, because they serve as a means to transfer some of the risk of a lawsuit from the defendant back to the plaintiff, so it’s not particularly shocking that Weaving would go on the counter-offensive, alleging parental negligence in this case.
That’s not the same thing as saying Weaving will win on his counter-suit. For one thing, although Weaving denies that he was speeding, his speed has already been established as a fact in a court of law, and based on that fact of his reckless speed, and Matthew Kenney’s death, he has been convicted of manslaughter. Attempting to re-litigate that fact in civil court will likely only work against Weaving.
Still, even though it’s been established that Weaving was speeding, he could attempt to prove that Kenney’s parents also bear some responsibility for their son’s death, because Matthew Kenney was not wearing a helmet when Weaving hit him. I don’t think he’s going to get very far with that argument, either.
True, in Connecticut, helmets are required for riders under the age of 16, and police may verbally “warn” parents that their child must comply with the law if their child is riding without a helmet. However, Connecticut law is quite explicit on this point: “Failure to wear protective headgear as required by this subsection shall not be considered to be contributory negligence on the part of the parent or the child nor shall such failure be admissible in any civil action.” In short, the law prohibits Weaving from claiming that Kenney’s failure to wear a helmet contributed to his death.
Nevertheless, even though it’s not allowed under Connecticut law, his argument that the failure to wear a helmet contributed to Matthew’s death is what caught my attention. To prove that argument, Weaving would have to present evidence that a helmet would have prevented the fatal injury that Matthew suffered to his brain. On the surface, this seems like it might be an easy argument—Matthew was not wearing a helmet, Matthew was hit by a car and suffered a severe head injury, and was declared brain dead the next day. But even if he could make this argument—and under Connecticut law, he can’t—he would have to prove that but for the lack of a helmet, Matthew Kenney would be alive today. To do that, Weaving would have to prove that a helmet would have saved Kenney’s life, even though Weaving hit Kenney at more than 80 miles an hour.
And that is a lost cause, even if Weaving had the resources (and he doesn’t) to hire an expert witness to make that laughable assertion. Even the most ardent proponents of helmet use acknowledge the fact that bicycle helmets are only designed and tested to protect your head in a low-speed impact—typically, a fall of only a few feet, at no more than about 14 miles per hour. That is the standard required by the Consumer Product Safety Commission. Helmet manufacturers could make helmets that withstand greater impacts, but as they laconically note, there are trade-offs. Would you want to wear a motorcycle helmet while riding your bike? Because that increased weight and heat retention is what it would take to manufacture a bike helmet that would withstand high-speed impacts. For that matter, why reinvent the wheel? Helmet manufacturers could just begin marketing motorcycle helmets as “bike helmets”—but as the bicycle helmet manufacturers ask, who would wear one?
The fact is, many cyclists wear helmets because they perceive that any potential for increased discomfort is outweighed by the safety benefits gained. But if safety standards only require that helmets withstand a low-speed impact, are there really safety benefits to wearing a helmet? Perhaps surprisingly, the answer is a qualified yes. In a low-speed fall from your bike, a bicycle helmet may protect you from sustaining a head injury, and considering the fact that the majority of bicycle accidents are solo crashes, helmet impact standards do address the types of impacts associated with the majority of bicycle accidents. From that perspective, there is some safety benefit to be derived from wearing a bicycle helmet.
The problem, however, is that nobody straps on a helmet because they’re afraid that they might have a low-speed solo fall from their bike. Nobody driving by a cyclist who is riding sans headgear yells “wear a helmet” because they’re afraid that cyclist might have a low-speed solo crash. Nobody passes mandatory helmet laws because they want to protect cyclists from themselves. No, the reason helmet use is considered de rigeur is because people believe that a helmet will protect the cyclist from the head injuries associated with the high-speed impact of a collision with an automobile.
This is why we see police and media reports noting whether a cyclist who was injured or killed in a collision with an automobile was wearing a helmet. We see this even if the cyclist’s injuries were not head injuries; the media (and their audience) still want to know “Was the cyclist wearing a helmet?” They might as well be asking, “Was the cyclist wearing a talisman?” And if you think about it, that is exactly what they are asking. It’s exactly what insurance company attorneys want to ask in court. It’s exactly the issue David Weaving wants to bring into court, to absolve himself of any liability for his own reckless driving—“But your honor, the cyclist was not wearing a magic talisman to protect against my reckless driving!”
It’s this kind of magical thinking that the Connecticut Legislature had the foresight to address in their mandatory helmet law, with the proviso that the failure to wear the mandatory helmet “shall not” be considered to be contributory negligence on the part of the cyclist. Yes, the legislators decided, we want to encourage children to wear helmets because children in particular are subject to low-speed solo crashes. But no, the legislators emphasized, we do not want reckless drivers shifting the blame for the injuries they cause to the children they’ve injured, even if that child is not wearing the mandatory helmet.
Of course, when police and media ask, “was the cyclist wearing a helmet?” and when passing busybodies yell “wear a helmet” at total strangers, helmet use for cyclists of all ages is treated as being virtually mandatory, in practice, if not in law. And that sense that helmet use is mandatory, or should be, inevitably leads to calls for mandatory helmet laws—something I will be discussing in my next Road Rights column.
Research and drafting by Rick Bernardi, J.D.
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Sunday, November 28, 2010
Livewrong
(CBS/AP) U.S. investigators met with police officials at Interpol headquarters in Lyon on Wednesday as part of their probe into allegations of doping by seven-time Tour de France champion Lance Armstrong and other cyclists, a French newspaper reported.
The meeting, reported on the website of sports daily L'Equipe, followed talks Tuesday between U.S. Food and Drug Administration agent Jeff Novitzky and French anti-doping officials.
L'Equipe said Wednesday's discussions in Lyon included Novitzky's team and police officers investigating doping in sports in France. The talks reportedly centered on a case dating back to the 2009 Tour de France involving Armstrong's former team Astana.
Armstrong's former teammate Alberto Contador won the 2009 Tour. Officials opened an investigation last year after the discovery of suspicious syringes during the race. Police questioned former Astana team manager Johan Bruyneel, former sporting director Alain Gallopin and the team's two doctors.
On Tuesday, the American delegation met with Francoise Lasne, the director of the French anti-doping agency's lab who co-pioneered the test for the performance enhancer EPO, and testing director Jean-Pierre Verdy. They were heard as witnesses at the headquarters of Interpol, the international police agency.
The American delegation is believed to include U.S. federal prosecutor Doug Miller and U.S. Anti-Doping Agency CEO Travis Tygart.
A French official told The Associated Press on Wednesday that Tygart met former French anti-doping lab head Pierre Bordry earlier this summer to discuss the matter. Bordry resigned in September.
The official, who was speaking anonymously because the investigation is still ongoing, said Bordry met Tygart in Paris and that the "French anti-doping agency's general secretary (Robert Bertrand) also went to Colorado a few days ago to speak with him during a meeting of international anti-doping agencies."
The French official confirmed American legal authorities asked their French counterparts for cooperation on the case in September.
"The procedure is currently being implemented. At this point, no documents have been transmitted to the Americans. I would say we are making contact with them and everything is going perfectly," the official said. "But if we need to submit documents and other stuff, we will do it."
Also Wednesday, Italian newspaper La Gazzetta dello Sport reported that police officers from Spain's Guardia Civil, French police, and Italian police and customs officers, headed by public prosecutor Benedetto Roberti, first met at Interpol headquarters at the end of July.
Novitzky's investigation was sparked by disgraced 2006 Tour winner Floyd Landis' allegations that Armstrong and members of his former U.S. Postal team systematically doped.
L'Equipe reported days after the 2005 Tour finished that Armstrong's samples from the 1999 Tour contained traces of EPO. Armstrong, who retired in '05 before coming back for the '09 and '10 Tours, has repeatedly denied allegations he doped.
"The samples were clean when originally provided and tested," Mark Fabiani, an attorney for Armstrong, said in a statement sent to the AP on Tuesday. "So we have nothing to be concerned about. Period."
FSA - recalling FSA BB30 Gossamer double cranks
FSA is working with the U.S. Consumer Product Safety Commission to conduct the voluntary recall.
If the fixing bolt is over-tightened on the non-drive crank arm, the bolt shoulder can crack or break. If this occurs, the non-drive arm can fall off.
Owners of bicycles with the affected cranks are being advised to stop riding them immediately and take the bike to a retailer where a replacement crank will be installed.
About 9,300 cranks are affected by the recall. The cranks were installed on the following bike models, sold between February and October this year:
Tuesday, November 23, 2010
NCNCA CX Championships
Posted by CXM on 11/22/10 • Categorized as race reports
Katerina Nash took the win close to her Truckee home. NCNCA 2010 Cyclocross Districts. © Tim Westmore
Katerina Nash took the win close to her Truckee home. NCNCA 2010 Cyclocross Districts. © Tim Westmore
by Paul Guerra
This year’s Northern California and Nevada Cycling Association District Championships were held in Reno, Nevada, at Clayton Middle School and were hosted by the Reno Wheelmen in addition to their normal Sagebrush Cyclocross series lineup. Although Reno has a vibrant cycling scene and is in close proximity to excellent road and off-road terrain, most of the cycling population, and therefore most of the racers at this even,t had to travel from points west in California over the infamous Donner Summit on Highway I-80. In a repeat of the events of November, 1846, an early season storm dumped 12 inches of fresh snow on the Summit over the Friday evening prior to the race. Many racers spent a cold night parked on the highway, waiting for accidents to be cleared and scraping ice from their windshields only to arrive in Reno in the wee hours of Saturday.
The expectation then was that serious snow would have accumulated at the racing venue, making for a rare snow race. The high desert of Nevada, however, didn’t let that happen. While temperatures hovered in the 30s during the race, only a light dusting of snow blanketed the course and melted off by the time of the Elite Men’s race at 1:30, leaving the faintest bit of mud on the grassier sections of the course.
Donner Summit was a snowy, stormy mess. by {Stardustza} on flickr
Donner Summit was a snowy, stormy mess. by {Stardustza} on flickr
The course was laid out with a minimum of elevation change. Long grass and sand sections demanded more power and cardiovascular fitness of the racers and less technical ability. Sets of closely spaced barriers and a forced dismount and run-up completed the circuit. Several locals took advantage of the proximity of the race and their adaptation to altitude to take home the coveted bear-and-star jersey of NorCal/Nevada.
Nash shows her National Championship form
A light women’s field saw Truckee, California local, Team Luna Chix phenom, Winter Olympian and Czech National Champion Katerina Nash run away with victory. From the end of the first lap, Nash held a commanding lead over second place, 2009 40-44 Masters national champion Gina Hall from Cal Giant Strawberries. Third place in the strung out Elite Women’s category went to Emily Thurston of team Missing Link. Both Thurston and Hall could not match Nash’s superior performance at altitude, as both hail from the San Francisco Bay Area and Nash was fresh off a win at the USGP in Fort Collins, Colorado.
Nash said after the race, “I was really happy that a big race like Districts was in Reno, so close to home.” She also appreciated the relatively dry and grassy course, having spent the morning shoveling her way out of her nearby mountain town home.
The Mountain Men Rule the Day
Alex Candelario wins the District NCNCA 2010 Cyclocross Districts. © Tim Westmore
Alex Candelario wins the District NCNCA 2010 Cyclocross Districts. © Tim Westmore
As a warm-up for the Elite Men’s race, Bjorn Fox (Clif Bar Development Cyclocross Team) handily won the Junior’s race. Fox hails from the nearby ski town of Incline Village of Nevada and echoed Nash’s comments, saying, “I’ve been racing a lot around the US, so it’s nice to have a race close to home.” ’ Cross legend Don Myrah (Ibis-Buy-cell.com) also won his Masters 35+ age group race as a warm-up for later racing in the Elite category. Myrah waltzed away with the win, putting 30 seconds on his closest competitor, Anastasio Flores of Cal Giant Strawberries.
Both Fox and Myrah joined a strong, if slightly small, field in the Elite Men’s race to battle it out for top honors. Reno native and World Bicycle Relief representative Alex Candelario had other ideas however. Similarly to Nash, Candelario has recently had a commanding performance at altitude at the Colorado Cross Classic and carried his form to Reno where he had an exceedingly strong showing. Candelario began lapping the field with three to go and held a significant time gap over his nearest rivals, second place’s Brue Silversten (De La Paz Coffee) and Abe Rotstein (Hunter-Freewheel). Myrah narrowly missed his second podium of the day after being out-sprinted for third by Rotstein. However, with prizes in this category going 10 deep, and additional swag handed out by the promoters to spectators and racers, no one went home empty handed. Hopefully the memories of the racing and the loot kept racers warm as they assaulted a socked-in Donner Summit again on their way west, back home or to a Sunday of racing for those who could recover from the travel and racing effort of Saturday.
[Newly minted women's 35+ district champion Heather Langendorfer contributed to this report.] Full results below the photos.
Thursday, November 18, 2010
Has Popovych become key to the investigation?
From Cyclingnews;
US federal agents, including Jeff Novitzky, have met with Italian police, in addition to their French counterparts, according to a report in Gazzetta dello Sport.
The investigation of alleged doping at the former US Postal Service team, including seven-time Tour de France champion Lance Armstrong, continues to pick up pace and this latest development comes off the back of Novitzky's meeting with the French Anti-Doping Agency (AFLD).
Armstrong has repeatedly denied ever using banned substances during his career but the investigation has intensified thanks to coordination between US agents and investigators in Europe that began in July. Also said to be present in Europe are federal prosecutor Doug Miller and US Anti-doping Agency CEO Travis Tygart.
AP and Reuters have reported that the US government officially asked the French authorities for their cooperation before the delegation arrived, and the French have agreed to assist the investigation. On Tuesday the US agents reportedly questioned the director of the Châtenay-Malabry anti-doping laboratory and the ex chief of the Agence française de lutte contre le dopage (AFLD) Pierre Bordry and current head of testing Jean-Pierre Verdy.
Gazzetta dello Sport claims the Italian police revealed details of the recent search of Yaroslav Popovych’s home in Tuscany to the US investigators. Popovych’s address book, computer and mobile phones were seized. The search was carried out on Thursday November 11, just over a week after the Ukrainian rider was questioned in Los Angeles as part of the investigation.
The Italian sports newspaper suggests that Popovych could have become a key to the investigation. He rode with Armstrong in 2005 at the Discovery Channel team, at Astana in 2009 and at RadioShack this year.
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CA Bicycle Law- know where you should be and who should not!
ARE YOU A SAFE BICYCLIST?
Safe Bicycling involves more than wearing the proper safety equipment and keeping your bike in good mechanical order- you must also learn the rules of the road.
The following are important excerpts from the California Vehicle Code (VC) relating to the operation and equipping of bicycles.
Bicycle Defined. VC 231
Defines bicycle as a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears and having one or more wheels. Specifically provides that persons riding bicycles are subject to Vehicle Code provisions specified in Sections 21200 and 21200.5 (see below).
Bicycle Use. VC 21200
Every person riding a bicycle upon a street or highway has all the rights and is subject to all the duties applicable to the driver of a vehicle, including the provisions of law dealing with driving under the influence of alcoholic beverages or drugs, except those provisions which by their very nature can have no application.
Bicycling Under Influence of Alcohol or Drugs. VC 21200.5
Provides that it is unlawful to ride a bicycle upon a street or highway while under the influence of an alcoholic beverage or drug or the combination of alcohol and a drug, punishable by a fine of up to $250. A person arrested may request a chemical test. If the person is under 21 but over 13 years of age, his or her driving privilege will be suspended for one year or delayed for one year once the person is eligible to drive.
Equipment Requirements. VC 21201
a) No person shall operate a bicycle on a roadway unless it is equipped with a brake which will enable the operator to make one braked wheel skid on dry, level, clean pavement.
b) No person shall operate on the highway any bicycle equipped with handlebars so raised that the operator must elevate their hands above the level of their shoulders in order to grasp the normal steering grip area.
c) No person shall operate upon any highway a bicycle which is of such a size as to prevent the operator from safely stopping the bicycle, supporting it in an upright position with at least one foot on the ground, and restarting it in a safe manner.
d) Every bicycle operated upon any highway during darkness shall be equipped with the following:
1. A lamp emitting a white light which illuminates the highway and is visible from a distance of 300 feet to the front and the sides of the bicycle.
2. A red reflector mounted on the rear of the bicycle and visible from 500 feet to the rear of the bicycle.
3. A white or yellow reflector mounted on each pedal visible 200 feet to the front and rear of the bicycle and a white or red reflector on each side to the rear of the center of the bicycle, except bicycles which are equipped with reflectorized tires on the front and the rear need not be equipped with side reflectors. All reflectorized tires must meet DMV requirements.
e) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front and from the sides of the bicycle, may be used in place of a lamp attached to the bike.
Duty of Bicycle Operator: Operation On Roadway. VC 21202
a) Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
1. When overtaking and passing another bicycle or motor vehicle proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
b) Any person operating a bicycle on a one-way street or highway with two or more marked traffic lanes, may ride as near the left-hand curb or edge of such roadway as practicable.
Hitching Rides. VC 21203
No person riding upon any motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or themselves to any streetcar or vehicle on the roadway.
Riding On Bicycle. VC 21204
a) No person operating a bicycle on a highway shall ride other than on a permanent and regular attached seat.
b) No person operating a bicycle on a highway shall allow anyone to ride as a passenger other than on a separate attached seat. If the passenger is four years old or younger or weighs 40 pounds or less, the seat shall adequately retain the passenger in place and protect him/her from the bicycle's moving parts.
Carrying Articles. VC 21205
No person operating a bicycle shall carry any package, bundle, or article which prevents the operator from keeping at least one hand upon the handlebars.
Permitted Movements from Bicycle Lanes. VC 21208
a) Whenever a bicycle lane has been established on a roadway, any person operating a bicycle upon the roadway at a speed less than the normal speed of traffic moving in the same direction shall ride in the bicycle lane, except under the following situations.
1. When overtaking or passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane.
1. When preparing for a left turn at an intersection or into a private road or driveway.
2. When necessary to leave the lane to avoid debris or other hazardous conditions.
b) No operator of a bicycle shall leave a bicycle lane until it can be done safely and then only after giving an appropriate hand signal in the event that any vehicle might be affected by the movement.
Parking. VC 21210
No person shall leave a bicycle lying on its side on any sidewalk, or shall park a bicycle on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. Local authorities may prohibit bicycle parking in designated areas of the public highway, provided appropriate signs are erected.
Obstruction of Bikeways. VC 21211
No person shall place or park a bicycle or vehicle so as to impede or block the normal and reasonable movement of any bicyclist on a bikeway or bicycle path or trail unless the placement or parking is necessary for safe operation or otherwise in compliance with the law.
Youth Helmets. VC 21212
Prohibits persons under 18 from riding or being a passenger on a bicycle without wearing helmets meeting specified standards (ANSI or SNELL). Violations are punishable by a fine of not more than $25.
Bicycles on Roadways VC 21650.1
A bicycle operated on a roadway or highway shoulder shall be operated in the same direction as vehicles are required to drive upon the roadway.
Bicycling on Freeways VC 21960
a) The Department of Transportation and local authorities may prohibit or restrict the use of freeways or any portion thereof by bicycles.
b) Such prohibitory regulations shall be effective when appropriate signs giving notice thereof are erected upon the freeway and the approaches thereto.
Hand Signals. VC 22111
All required signals given by hand and arm shall be given in the following manner:
1. Left turn-hand and arm extended horizontally beyond the side of the bicycle.
2. Right turn- left hand and arm extended upward beyond the side of the bicycle or right hand and arm extended horizontally to the right side of the bicycle.
3. Stop or sudden decrease of speed signal- left hand and arm extended downward beyond the side of the bicycle.
Toll Crossing. VC 23330
Except where a special permit has been obtained from the Department of Transportation, bicycles shall not be permitted on any vehicular crossing, unless the Department by signs indicates that bicycles are permitted upon all or any portion of the vehicular crossing.
Headsets and Earplugs. VC 27400
No person operating any vehicle, including a bicycle shall wear any headset covering, or any earplugs in, both ears. There are exceptions for persons operating authorized emergency vehicles, special construction or maintenance equipment and refuse collection equipment, and for any person wearing personal hearing protectors designed to attenuate injurious noise levels and which do not inhibit the wearers' ability to hear a siren or horn from an emergency vehicle or horn form another motor vehicle, and for any person using a prosthetic device which aids the hard of hearing.
License Requirement. VC 39002
a) A city or county may adopt a bicycle licensing ordinance or resolution providing that no resident shall operate any bicycle on any street, road, highway, or other public property within the city of county, unless such bicycle is licensed in accordance with this division.
b) Any bicycle not licensed under this division may be additionally regulated or licensed pursuant to local ordinance or may be licensed upon request of the owner.
c) It is illegal for any person to to tamper with, destroy, mutilate or alter any license indicia (marking) or registration form or to remove, alter, or mutilate the serial number, or the identifying marks of a licensing agency's identifying symbol on any bicycle frame licensed under the provision of this division.
Throwing Substances On Highways Or Adjoining Areas. VC 23111 7 23112
No person in any vehicle shall throw or discharge from or upon any road, highway or adjoining area, pubic or private, any lighted or non-lighted cigarette, cigar, match or any flaming or glowing substance.
No person shall throw or deposit upon a highway any bottle, can garbage, glass, wire, nails, paper or any substance likely to injure or cause damage to traffic using the highway.
Note: Some of the sections of the laws listed above have been reworded slightly and/or abbreviated. For exact language, refer to the referenced sections in the California Vehicle Code.
In addition to these state laws, many communities have local ordinances. Check with your local police department regarding bicycle registration, licensing, and regulations (sidewalk riding, etc.) in your area.
Final Thoughts
Each year in California, over one hundred people are killed and thousands more are injured in bicycle collisions. We can make bicycling safer for all by observing the following safety tips:
* Always wear a helmet.
* Obey all traffic controls.
* Ride your bicycle near the right-hand edge of the road.
* Never carry another person on your bicycle.
* Always use hand signals when turning or stopping.
* Look out for cars at cross street, driveways, and parking places.
* Be careful when checking traffic and don't swerve when looking over your shoulder.
* Give pedestrians the right-of-way.
* Keep your bicycle in good condition.
* Always ride carefully.
Remember a bicycle is a vehicle. Bicyclists share a complex traffic environment with other larger forms of transportation. Youngsters under age nine lack the physical and mental development to interact safely in that environment.
Wednesday, November 17, 2010
CA Masters super team based in Los Angeles??? From: Phoenix Cycling Examiner, Joe Wells
In recent days it has been leaked that the USADA (United States Anti Doping Association) has been planning over 25 cases against US based Professional and Masters riders. There have been many rumors heard, including one from California that a current National Masters champion will be sanctioned for doping. Finger pointing has already begun with a specific Masters super team based in Los Angeles.
In news today, Jelly Belly Professional rider Jonathan Chodroff admitted to EPO purchase and use, and has quit cycling. Many will remember his early season performances at such local events as the Valley of the Sun stage race and larger California races.
Several weeks ago Kenny Williams, a well recongnized Masters racer from Seattle was suspended for doping. For some time doping had seemed to be reserved to professionals with money to be made. We now see findings in all areas of sports. A major race earlier this year in California announced doping controls prior to the start of a masters event. A significant number of riders removed themselves from the start line to prevent being tested.
Part of the fallout that is on the near horizon stems from a case where Joe Papp is involved. Who is Joe Papp? Well he was a very low level Professional rider that raced some in Europe, and had a few finishes here in the US. He has been sanctioned for his own doping but has revealed also, and has been punished for selling doping products to racers throughout the US. The expectation is that many of the cases are based on those sales.
Tuesday, November 16, 2010
Monday, November 15, 2010
New race series and world championship for amateur riders starting in 2011.
Cycling's international governing body, the Union Cycliste Internationale (UCI), announced on Friday that it will introduce a new race series and world championship for amateur riders starting in 2011.
The UCI World Cycling Tour (UWCT) - not to be confused with the UCI's top-level professional WorldTour - will comprise up to 15 UCI approved races around the world for amateur riders. It's part of the UCI's commitment to open up cycling events for all riders, and not just top-level sponsored athletes.
The top 10 per cent of each age group in the qualifiers will earn the right to compete in the UWCT final, where the winning rider in each age category will become world champion and wear the corresponding rainbow jersey.
The UCWT final will replace the existing Masters Road World Championships.
The UCI's Cycling for All, Masters and Sustainable Development Coordinator, Ms Andrea Marcellini Mendonça said: "If we look at cycling as a pyramid, professional racing is at the very top and occupies a very small portion.
"Everything that comes below this is the amateur side of the sport and involves impressive numbers of riders. These enthusiasts are part of the UCI family and it's time for them to race for a World Champion title."
No dates or venues for the UWCT have yet been announced, but the UCI has said that it is accepting applications from "regions willing to organise a high standard cycling event that will attract riders from all over the world".
The UCI will undoubtedly have to draw up strict guidelines on the definition of 'amateur' to prevent semi-professionals from entering, and also put into place an anti-doping programme for the events.
Sunday, November 14, 2010
Mark Hurlbert needs a bike ride.....
Colorado District Attorney Mark Hurlbert has dropped felony charges against Martin Joel Erzinger, a Morgan Stanley Smith Barney wealth manager who controls $1 billion in investments, because financial rules would require Erzinger to notify his clients that he was charged with a felony, and this would have "serious job implications" for the financier. Erzinger is facing charges for allegedly rear-ending cyclist Dr. Steven Milo, and then leaving the scene of the crime. Milo, a liver transplant surgeon, has spinal and brain injuries, disfiguring scars, and will likely be in pain for the rest of his life.
So, where is the team on this issue?
Armstrong's United States Postal Service - Is this why my mail nevere gets here?
Federal prosecutors have spoken with a former Lance Armstrong teammate who backed allegations that the seven-time Tour de France winner took part in and encouraged systematic doping, according to The New York Times.
The cyclist said he had spoken with investigators detailing his own performance-enhancing drug use and widespread doping by members of Armstrong's United States Postal Service team. The source did not say he told prosecutors about Armstrong's alleged use of PEDs, but said Armstrong knew of and encouraged doping, according to the Times report.
The former teammate, speaking on condition of anonymity, said he had spoken with investigators detailing his own performance-enhancing drug use and widespread doping by members of Armstrong's United States Postal Service team.
The rider said he has not been called before a grand jury convened in Los Angeles to investigate the case, according to the report.
Armstrong, who beat testicular cancer before returning to competitive cycling to win seven Tours, has steadfastly denied allegations of doping.
On Thursday, his attorney Bryan D. Daly released a statement saying the report contains "inappropriate leaks designed to create a circus-like atmosphere."
"To the extent that any riders are suggesting that Lance Armstrong violated cycling rules or doped, they are either mistaken or not telling the truth. Lance has ridden with hundreds of riders over the years who will support his position, and over all that time he has never failed even a single test," Daly said.
Thom Mrozek, a spokesman for the U.S. attorney's office in Los Angeles, declined comment about the report and Daly's reaction to it.
In May and during the Tour de France, ex-Armstrong teammate and admitted doper Floyd Landis claimed Armstrong and other team members used blood transfusions and performance-enhancing drugs. He claimed Armstrong encouraged doping and that the team sold racing bicycles to fund those activities.
Armstrong denied those claims, saying Landis -- who was stripped of his 2006 Tour de France title for doping and denied using PEDs until acknowledging in May that he had in fact doped -- has no credibility.
But prosecutors now have more than Landis' accounts, two sources with knowledge of the investigation said, according to the Times.
Former Armstrong teammate Tyler Hamilton has met with the grand jury and more riders are expected to meet with the grand jury as early as next week, the sources said, according to the report.
Hamilton's lawyer, Chris Manderson, has previously said Hamilton, who is serving an eight-year ban for a second doping offense, had been subpoenaed by the grand jury.
Three-time Tour de France champion Greg LeMond has also reportedly been subpoenaed.
And earlier this week, Armstrong's attorneys said the U.S. Anti-Doping Agency is offering cyclists a "sweetheart deal" if they testify or provide evidence that Armstrong cheated.
Armstrong's attorneys say USADA's current offer is for riders to talk to federal investigator Jeff Novitzky, who could then give the information to USADA.
"We understand that riders may be being offered sweetheart deals to change testimony that they have given in the past, under oath," Daly said. "The power of the federal government is being abused to pursue dated and discredited allegations, and that's flat-out wrong, unethical, un-American, and a waste of taxpayer dollars."
Novitzky, a special agent for the Food and Drug Administration leading the investigation, has already contacted Hamilton and former Armstrong teammate George Hincapie.
Last month, Landis told ESPN.com that he had not received a subpoena but would not hesitate to tell a grand jury what he told Novitzky and U.S. anti-doping officials in lengthy interviews last spring.
Daly said cyclists who claim Armstrong was doping aren't telling the truth, according to the Times.
"They just want them to incriminate Lance Armstrong and that's my concern," Daly said, according to the report. "To the extent that there's anyone besides Floyd Landis saying things, the bottom line is, if you take away the soap opera and look at the scientific evidence, there is nothing."
Information from The Associated Press was used in this report.